Case law
Opinions from 1658 to today.
10,000+ results
2.08s
David Chatman v. Adams County, MS
518 F. App'x 292 · Court of Appeals for the Fifth Circuit · Apr 8, 2013
Miles filed an interlocutory appeal challenging the denial of his summary judgment motion based on qualified immunity. … “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.
Cited 1 timesUnpublishedParson v. Kaiser Aluminum & Chemical Corp.
575 F.2d 1374 · Court of Appeals for the Fifth Circuit · Jul 10, 1978
Parson did not get the job of foreman not because he was black but rather because he was not qualified. … While the District Court Judge clearly has the task of evaluating the credibility of conflicting evidence and witnesses subject to the clearly erroneous rule, e. g., Bolton v.
Cited 90 timesPublished574 F. App'x 525 · Court of Appeals for the Fifth Circuit · Jul 7, 2014
“Showing that two candidates are similarly qualified does not establish pretext....” 25 As the district court held, “the court has little difficulty in concluding that [Gregory] has failed to establish fact issues regarding … whether he was ‘clearly better qualified’ than the admittedly well-qualified McCoy.”
Cited 6 timesPublishedWill Aguilar v. Williamson County, Texas
512 F. App'x 444 · Court of Appeals for the Fifth Circuit · Feb 19, 2013
Qualified immunity should be granted to a deputy unless, first, the deputy’s “conduct would, *446 as a matter of law, be objectively unreasonable in light of clearly established law,” and, second, at least “a genuine issue … Baxter next argues the district court erred in denying his motion for summary judgment on the grounds of qualified immunity because he did not violate a clearly established constitutional right.
Cited 6 timesUnpublished291 F.3d 300 · Court of Appeals for the Fifth Circuit · May 8, 2002
Jurisdiction over Mineta and USDOT As we have previously noted, The principle of sovereign immunity protects the federal government from suit except insofar as that immunity is waived. … waives the official immunity of officers of the United States.9 This certainly qualifies as a waiver of sovereign immunity.
Cited 33 timesPublishedGregory Brooks v. City of West Point Mississippi
639 F. App'x 986 · Court of Appeals for the Fifth Circuit · Feb 11, 2016
We employ a two-pronged inquiry to resolve questions of qualified immunity at summary judgment. … “The right to be free from arrest without probable cause is a clearly established constitutional right.” Mangieri v. Clifton, 29 F.3d 1012, 1016 (5th Cir.1994).
Cited 30 timesUnpublishedMcMichael v. Transocean Offshore Deepwater Drilling, Inc.
934 F.3d 447 · Court of Appeals for the Fifth Circuit · Aug 13, 2019
Instead, he must show that his replacement, if any, is clearly less qualified. … Here, McMichael does not attempt to show that Eckert was clearly less qualified.
Cited 114 timesPublishedNance v. New Orleans & Baton Rouge Steamship Pilots' Ass'n
174 F. App'x 849 · Court of Appeals for the Fifth Circuit · Apr 10, 2006
basis for a holding that a right is clearly established”. … Second, even if such a right was violated, the official remains protected by “qualified immunity if his conduct was objectively reasonable” in the light of then clearly-established law.
Cited 4 timesUnpublishedWarren v. Fed. Nat'l Mortg. Ass'n
932 F.3d 378 · Court of Appeals for the Fifth Circuit · Aug 2, 2019
A district court abuses its discretion when an evidentiary ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence. Hinojosa v. Butler , 547 F.3d 285 , 292 (5th Cir. 2008). III. … To survive a summary judgment motion based on qualified privilege in federal court, the plaintiff has the burden of establishing malice by clear and convincing evidence. See Jackson , 288 F.
Cited 30 timesPublishedSt. Tammany Parish Ex Rel. Davis v. Federal Emergency Management Agency
556 F.3d 307 · Court of Appeals for the Fifth Circuit · Jan 22, 2009
The implementing regulations establish that debris removal must be in the “public interest” in order to be eligible for funding. Id. § 206.224(a). … The Supreme Court has developed a two-part test for determining whether agency conduct qualifies as a discretionary function or duty under this exception.
Cited 157 timesPublishedEdgar E. Whitworth, D/B/A Dinkie's Food Mart v. Dallas Perkins
559 F.2d 378 · Court of Appeals for the Fifth Circuit · Sep 19, 1977
It had over the requisite 200 inhabitants but only 31 qualified voters. After litigation, Impact was held by the Texas courts to have been validly incorporated.' See Perkins v. State, 367 S.W.2d 140 (Tex.1963). … Plaintiff clearly alleges that the defendants enacted the ordinance for .
Vacated on other grounds by Schroeder v. Municipal Court of the Los Cerritos Judicial District, 435 U.S. 990 (1978)Cited 17 timesPublishedEstate of Randy Lynn Cheney v. Wanda Collier, et a
560 F. App'x 271 · Court of Appeals for the Fifth Circuit · Mar 24, 2014
The district court granted summary judgment in Collier’s favor on the basis of qualified immunity. … When, however, a defendant’s summary-judgment motion is premised upon qualified immunity, the burden shifts to the plaintiff to raise facts that dispute the defendant’s assertion of qualified immunity. 2 See, e.g., Michalik
Cited 9 timesUnpublished398 F.3d 363 · Court of Appeals for the Fifth Circuit · Jan 26, 2005
immunity defense. … For the foregoing reasons, we AFFIRM the district court’s order granting summary judgment to the defendants as to all claims. 9 We therefore need not reach the qualified immunity issue raised by Catalina
Cited 41 timesPublished455 F.3d 575 · Court of Appeals for the Fifth Circuit · Jul 10, 2006
Some of the factual findings are clearly erroneous. … Congo waived its FSIA defenses regarding SNPC's property is clearly erroneous.
Cited 9 timesPublishedAlabama Power Company v. Alabama Electric Cooperative, Inc.
394 F.2d 672 · Court of Appeals for the Fifth Circuit · Apr 2, 1968
, clearly not beyond the “outer perimeter” of his statutory authority 6 to determine the security for the loan. … To avoid frustrating the intent of Congress, it must follow that in cases where the Administrator is immune from suit under the antitrust laws, the borrower is likewise immune. 9 The Supreme Court has repeatedly held that
Cited 55 timesPublishedJosefina Najarro De Sanchez v. Banco Central De Nicaragua, a Foreign Banking Corporation
770 F.2d 1385 · Court of Appeals for the Fifth Circuit · Sep 19, 1985
Upon assuming power, the new government of Nicaragua immediately began to establish priorities to govern the use of the country’s remaining foreign exchange resources. … Nevertheless, the sovereign immunity issues are clearly before us because (1) they are jurisdictional, (2) they formed the basis of the district court’s interim opinion, and (3) they were fully argued to the district court
Cited 108 timesPublished602 F. App'x 589 · Court of Appeals for the Fifth Circuit · Mar 4, 2015
“The doctrine of qualified immunity shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … We review a motion for summary judgment based on qualified immunity following the familiar two-part immunity analysis, taken in any order. See Pearson v.
Cited 8 timesUnpublishedCourt of Appeals for the Fifth Circuit · Jun 14, 2023
The district court here, in denying qualified immunity, concluded that two Fifth Circuit opinions clearly established that Sollie’s use of his taser against Cobbins was unconstitutional. … Among Sollie’s arguments here is that those opinions do not create the “clearly established law” that a plaintiff must prove to defeat a defense of qualified immunity.
Cited 0 timesUnpublished607 F. App'x 375 · Court of Appeals for the Fifth Circuit · Jun 15, 2015
Styles filed his motion seeking summary judgment dismissal on the basis of qualified immunity, which the district court eventually denied. … clearly established law as well as under TDCJ policy.
Cited 0 timesUnpublishedCleveland v. Liberty County Sheriff's Department
626 F. App'x 540 · Court of Appeals for the Fifth Circuit · Sep 30, 2015
A government official performing a discretionary function is entitled to qualified immunity unless his actions violate a clearly established right of which a reasonable person would have known. Harlow v. … “[W]here the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause and exigent
Cited 3 timesUnpublished
Ask Donna